Some divorces go smoother than others. It is possible for some divorcing couples to use the skills of a mediator to get through the process. However, if you are looking at a high-conflict divorce, you may find yourself in the courtroom.
Contrary to popular belief, it is not necessary to take a divorce to trial. In fact, in most situations avoiding the courtroom is superior if it is possible; however, sometimes it is not. According to Forbes Magazine, when deciding to take your divorce to trial you must weigh time, money and stress against your desired outcomes.
Time, money, stress and trial
It is highly likely that if you end up in court, your divorce will take longer, be more expensive and more stressful. Usually, a trial takes at least a year, which is much longer than a typical settled divorce takes. You will also potentially need to wait for months for a slot on the court docket to open. Once there is an opening in the schedule, you will need to take the time to prepare for court with your attorney and, of course, actually attend court.
This all requires time off from work and your regular life. It also involves higher attorney fees due to all the preparation.
However, in some instances trial may be the only potential way of getting what you want. Particularly if you and your spouse do not get along, compromise and negotiation might not work.
Remember that going to trial does not mean that you will automatically get what you want. Essentially, with a trial you are handing over the decision-making authority to a neutral third party: the judge.